Differences between Civil Law system and Common law system

Since they both where found, the common law system based on the English legal system, and the civil law system based on the roman legal system, were always different from each other in many points. An important distinction between these 2 legal systems is, the difference in the responsibilities held by the judges and the lawyers in these systems.

In civil law system, civil cases are directed by the judge who has been given in the system huge powers and authority, with subordinate participation by the lawyers. In this system it is the judge who identify the important evidence and do whatever it takes until he makes the final judgment of the court. In such systems the lawyer’s roles are considered to be restricted, as they have the right to make some suggestions, submit comments on the basis of the dispute, and such things.

On the other hand, in the common law system the judge is passive arbiter between 2 well rivaled lawyers. The responsibility of finding legal contentions, considering the rightful evidence, and the basis of the judgment, are in the hands of the lawyers too. In addition, the presence of the jury in some court systems such as in the US, makes the role of the judge more passive.

In general, both civil and common law systems courts are permitted and have the power to permit amendments to the pleadings. But this conception, has been strictly limited in the civil system, but it is very frequent in the common law system where it is more liberal.

Furthermore, in modern commercial litigation and in both civil and common law systems, the lawyers have the role to define the disputes, and the judge have the role to manage the case and resolving the issues. Generally, in both legal systems, the plaintiff’s lawyer formulates the claims and the lawyer of the defendant makes the defense. In addition, determining the relevant facts is a role of the lawyers, and the judge is responsible to determine the relevant evidence to the case as they appear to him so he can make the judgment, and this pattern is all also in both legal-systems. Directing the process in the court is also handled by the same authority in both legal systems which is invested in the Judge who direct the process in both legal systems, Furthermore, modern commercial litigation plays a great role in sitting the role of the lawyer because they get more in direct action with the judge, in both legal systems.

Finally, these latest and modern litigations does not mean that the differences between both legal systems is fully erased, because as previously mentioned both civil and common law systems have a lot of differences and still have a lot of differences even with the modern litigations.